U.S. Citizenship and Immigration Services (USCIS) issues certain permanent residents a conditional green card which is valid for a two-year period. In order to remain a permanent resident, a conditional permanent resident generally must file a petition to “remove the conditions” during the 90 days before the card expires. Do not use Form I-90 to renew a conditional green card.
Upon successfully removing conditions on residence, the permanent resident (along with any children that filed on the same petition) will become lawful permanent residents with 10-year green cards.
Removing Conditions – Marriage
If your marriage was less than two years old on the day you were granted permanent residence, USCIS issues a conditional green card. You are given conditional resident status on the day you are lawfully admitted to the United States on an immigrant visa or adjustment of your status to permanent residence. Generally, this will be indicated with a class of admission that begins with “CR.” In the sample green card displayed above, you’ll see the “CR6” for the category.
Your status is conditional, because you must prove that you did not get married to evade the immigration laws of the United States. The conditional green card is like a probation period for two years during which the couple builds a record of their married relationship together. At the end of that period, the couple files Form I-751, Petition to Remove Conditions on Residence, and other supporting documents as evidence of a bona fide marriage.
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Mistakes on your I-751 petition can cause costly delays or a denial.
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For permanent residence based on a financial investment in the United States, USCIS may also issue a conditional green card. You are given conditional resident status on the day you are lawfully admitted to the United States for a two-year period.
You must file Form I-829, Petition by Entrepreneur to Remove Conditions, to remove the conditions on your permanent resident status. Form I-829 must be filed within 90 days before the second anniversary of your admission to the United States as a conditional resident.
Failure to Remove Conditions on Conditional Green Card
If you do not file Form I-751 as required, you will automatically lose your conditional permanent resident status on the date your card expires. As a result, you will become removable (deportable) from the United States.
The conditional two-year period is in place to help prevent green card fraud. Therefore, conditional green card holders should take the filing process very seriously as it is more than just filing a form.
CitizenPath can help make this process easy. Use our affordable service to prepare Form I-751. In addition to a ready-to-sign form, you’ll get filing instructions customized to your specific situation. Our filing instructions will provide directions for specific supporting documents, how to organize your I-751 package, and where to mail it.
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